CHILD CUSTODY
Legal Custody
Legal custody is the term used to describe the decision-making responsibility of the parents relating to the health, education and welfare of a child.
Such decision-making may include issues such as religion, a minor child marrying, a minor child entering the military services, a driver's license, a passport and residence of the child.
Physical Custody
Physical custody describes the parents' time-sharing arrangement with the child and responsibility for the care of the child.
Joint physical custody means that both parents have significant periods of time with the child.
Sole physical custody means that one parent has the clear majority of the time.
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Co-Parenting
Co-parenting involves parents living apart and agreeing to act jointly in the best interest of the child, by setting up two homes for them and by consulting with each other regarding the child's needs.
Parents agree on the child's activities and the information to be shared regarding the child including, medical, educational and extra-curricular activities.
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Move-Away
One of the most difficult child custody issues arises if one spouse decides to move away from the general geographic area.
Under a California Supreme Court case, In Re Marriage of Burgess (1996) 18 C4th 25, 51 CR2d 444, the Court held that a custodial parent need not prove that a move is necessary or expedient in order to move. In one of the footnotes of the Burgess decision the court also held that where there was a shared custody relationship, the court would have to make a new determination regarding custody based on the best interests of the child.
Move-away cases are complicated and driven by the specific circumstances. Discuss this situation with an attorney.
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Grandparent Rights
The Family Code allows for grandparents to be awarded visitation under certain circumstances such as if a parent is deceased. The law is changing in this area. Discuss this situation with an attorney.
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How do Courts Decide Custody
There is no easy answer to that question. And custody arrangements may be different depending on the age and maturity of the child. And not all judges have the same opinions about custody. Judges will listen to both sides and try to determine the best interest of the child.
A judge might consider any of the following factors:
- prior history of time-sharing arrangements,
- how cooperative a co-parenting arrangement has been,
- a child's performance in a particular custody arrangement,
- whether there has been any Domestic Violence,
- the parties' schedules (how much time each party has to spend with the child),
- living arrangements,
- other siblings or other relationships established, and
- a child's wishes (if the child is at a mature level).
Sometimes judges will order a custody evaluation to be done by an independent mental health professional to help the judge decide. Or a judge may decide to order the child or children to have their own counsel who will tell the judge what he or she believes is in the child's best interest.
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